N.Y. Comp. Codes R. & Regs. tit. 18 § 435.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 435.3 - Eligibility for respite care and services

(a) A family is eligible for respite care and services when the family is otherwise eligible for mandated preventive services pursuant to section 430.9 of this Title and immediate relief is needed to maintain or restore family functioning. Conditions for which respite care and services may be provided for families include, but are not limited to, the following:

(1) a child has special needs due to a high level of disturbed behavior, emotional disturbance or physical or health needs, including, but not limited to, AIDS, HIV infection or HIV-related illness, which has placed excessive or unusual stress upon the parent(s) and/or family and temporary relief of this stress will prevent the placement of the child in foster care and maintain or restore family functioning; or

(2) a parent has an acute relapse or occurrence of AIDS, HIV infection, HIV-related illness or any other physical, mental, emotional or behavioral condition, which is either causing stress in family relationships, impairing the parent's ability to manage the family or is causing or will cause the parent to be absent from the home in order to treat or otherwise resolve such condition and there is no other parent or caretaker available to care for the child(ren) and temporary care and supervision of the child(ren) of the parent will prevent the placement of the child(ren) into foster care and maintain or restore family functioning; or

(3) a parent is suddenly hospitalized due to accident, injury or illness; or

(4) a child has been referred to the local probation service or designated assessment service for PINS adjustment services; or

(5) a parent is participating in a substance abuse detoxification program.

(b) A foster parent is eligible for respite care and services when one of the following conditions exists:

(1) a foster child has special needs due to a high level of disturbed behavior, emotional disturbance or physical or health need, including, but not limited to, AIDS, HIV infection or HIV-related illness, which has placed excessive or unusual stress upon the foster parent(s) such that the placement of the child in the foster family home cannot be maintained unless temporary relief from the child-caring responsibilities of the foster parent(s) is provided and it is in the child's best interest to remain in the foster home; or

(2) a foster parent demonstrates a need for additional support in order to continue caring for a foster child and a determination is made that:

(i) without the provision of respite care and services the placement has little likelihood of being sustained; and

(ii) it is in the child's best interest to remain in that foster family home; or

(3) a foster parent is suddenly hospitalized due to accident, injury or illness; or

(4) it is necessary for the foster parent(s) to be absent from the foster home when there has been a death in the immediate family of the foster parent(s).

(c) -(d) [Reserved]

(e) Respite care and services are not appropriate for foster families where the immediate removal of a foster child from the foster home is necessary in order to preserve the child's health, safety or well-being.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 435.3

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023